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(영문) 춘천지방법원 속초지원 2014.02.12 2013고단514

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2009, the Defendant was issued a fine of one million won at the Daegu District Court, and a summary order of 3.5 million won or more at the Seocho District Court’s inner branch on August 29, 2012, respectively.

1. A person who has violated Article 44(1) of the Road Traffic Act and Article 44(1) of the Road Traffic Act on at least two occasions, and the Defendant driven a C Car with no driver’s license on October 11, 2013 from the front side of a bus terminal located in the Seocho-si, Seocho-si, Seocho-si to the front side of the city bus terminal located in the same hour, to the front side of the entrance of Seosan-dong in the same hour.

2. On November 10, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven the said car without a driver’s license in the section of approximately four km from the front of the Defendant’s house located in Sinsi-si D to the front of the night road in the same Sinsi-dong on the same day, around 22:05 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the state of the driving without a license, report on the state of the driving without a license;

1. Registers of automatic driver's licenses;

1. Report of investigation (indeption calculation);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and summary order three-yearly Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are the crimes of drinking.